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(영문) 창원지방법원 2015.12.01 2015나6030
대여금
Text

1. The plaintiff's appeal against the defendants and the incidental appeal against the defendant B are all dismissed.

2.In addition, a new trial shall be added.

Reasons

1. The reasons why the court should explain this part of the judgment on the plaintiff's claim against the defendant B are the same as the corresponding part of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the Plaintiff’s claim against Defendant C

A. On November 20, 2009, the plaintiff asserted that the plaintiff lent KRW 10,000,000 to the defendant C. As such, the defendant is obligated to pay the plaintiff the above loan amount of KRW 10,000,000,00 to the plaintiff. 2) The defendant is obligated to pay the plaintiff the above loan amount of KRW 10,00,000,00, and the damages for delay. According to the records of Gap evidence No. 4, witness D of the first instance court, the testimony of the first instance court, and the order to submit financial transaction information to the noise cooperative of the first instance court, the court of first instance after dividing KRW 20,00,000 out of the inherited property of H, an external third village, which was kept in the account under the name of the plaintiff, and the other third village, the defendant C, who is the plaintiff's non-resident, was able to hear the plaintiff's horse, and there is no reason to acknowledge that the plaintiff again withdrawn the above loan from the above defendant C.

B. On November 20, 2009, the Plaintiff’s assertion 1) lent KRW 10,000,000 to Defendant C on November 20, 209, and the Plaintiff acquired the above loan claims from Defendant C, which the Defendant C is obligated to pay to the Plaintiff. 2) According to the following: (a) each of the entries in the first instance court’s evidence Nos. 4 and 15 (including the paper number), the testimony of the witness D in the first instance court, the testimony of the first instance court, and the order to submit financial transaction information to the vibration agricultural cooperatives in the first instance court, and then lent KRW 10,00,000 to the Defendant; and (b) D transferred the above loan claims to the Plaintiff on October 31, 2015, and on November 2, 2015 to Defendant C on November 2, 2015.

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